The new law, the Cybercrime Prevention Act of 2012, which was signed by President Benigno S. Aquino III on Sept. 12, sets penalties for several computer-related crimes, including child pornography, identity theft, online fraud and illegally accessing computer networks.
But critics are concerned about the law’s provisions related to libel,
which in the Philippines is a criminal offense that can result in
imprisonment. Harry S. Roque, president of Media Defense South East Asia,
an advocacy organization, said the law applied the existing legal
definition of libel to the online activities of individuals, meaning
that if a comment on Facebook or Twitter were deemed libelous, the
writer of the item and those who shared it could be prosecuted.
“It exposes Internet users to prosecution,” said Mr. Roque, a law
professor at the University of the Philippines. “You can be sued. You
can be forced to post a bond. You will need to get a lawyer. You can
imagine the mayhem this can cause.”
“The Philippines has been a leader in Internet freedom,” Mr. Roque
continued. “This law makes the Philippines at par with other oppressive
regimes in Southeast Asia that imprison and intimidate bloggers.”
There has been considerable public outcry against the law in the weeks
leading up to its implementation. Hackers have attacked the Web sites of
the president, both houses of Congress and a variety of government
agencies. On Wednesday, some Facebook users replaced their profile
pictures with black silhouettes and bloggers created blank posts to
protest the law, while others took to the streets, staging a
demonstration in front of the Supreme Court.
Some government offices have also struggled with the new law. “Foul
words against our police officers can be used as evidence now to file a
case against you in a court of law,” a post by the Philippine National
Police on its official Facebook page read Monday, in response to a
negative comment by a visitor to the site. Police officials later
apologized and removed the post.
Philippine senators who voted for the law, many of whom are up for
re-election next year, have been scrambling to address critics’
concerns. Some senators have had to admit that they did not actually
read the law before voting for its passage. Senator Francis G. Escudero
acknowledged on Tuesday on his Web site
that he had not read the provision of the law dealing with online
libel, but said he had introduced a bill to decriminalize libel.
Senator Edgardo J. Angara, who voted for the new law, said Wednesday —
the same day he filed his certificate of candidacy for re-election —
that he supported amending the legislation.
“Not all the laws that we pass are perfect,” Mr. Angara told reporters. “At least in this case we are responsive.”
A spokesman for Mr. Aquino sought Wednesday to calm public fears after
the barrage of protests and an announcement by Justice Secretary Leila
de Lima that her department would be hiring 150 investigators to enforce
the new law.
“Our Constitution is clear and uncompromising in the civil liberties it
guarantees all our people,” said the spokesman, Edwin Lacierda. “As the
basic law, its guarantees cannot, and will not, be diminished or reduced
by any law passed by Congress.”
At least nine petitions have been filed with the Supreme Court seeking a
temporary restraining order to prevent the prosecution of anyone under
the law. The court has said it will rule on the matter next week.
In a study released before the law was passed, the American group Freedom House ranked the Philippines sixth in the world in terms of Internet freedom.
source: nytimes.com
